Can an Employer Refuse a Flexible Work Request? A Fair Work Commission Case Explained
The flexible working rights came into force on 6 April 2024 and employers have since seen an influx of requests for flexible work arrangements. While the right to request flexibility is now well established, uncertainty remains around what makes a request valid, how employers should respond, and how these rights interact with the concept of ‘reasonable business grounds’ for refusal.
A recent Fair Work Commission decision — Gagandeep (Skye) Kaur v G8 Education Trading AS Jellybeans Childcare [2025] FWC 3396 — provides some timely and practical clarity.
The Case at a Glance
Ms. Kaur was a full-time diploma-qualified educator who had worked early shifts since commencing employment in 2023. Following a statewide operational review and a transition to a rotating roster to meet legal staffing requirements, Ms Kaur requested to continue finishing by 3:30pm.
Ms. Kaur cited her responsibilities as a parent to school-aged children and explained that her children required supervision after school, assistance with homework and travel, and that her family did not consider it safe for them to be left unattended or to commute home alone on public transport.
On its face, this was a relatable and reasonable request. However, the Fair Work Commission ultimately sided with the employer — and the reasoning behind that decision is instructive for both employers and employees.
Why Did the Employer Say No?
The employer had recently completed a statewide safety and compliance review, which led to changes in how staff were rostered. The legal staffing requirements were such that at least 50% diploma-qualified educators are on site across the full operating day.
The employer argued it had reasonable business grounds to refute the request. They were:
Child Safety – qualified staff must be present during opening and closing shifts
Legal Compliance – minimum diploma-qualified staffing levels must be maintained
Staff Equity – other staff would also want to end earlier
Operational Limits – allowing multiple early finishes would undermine staffing coverage
Importantly, the employer offered three alternative rotating roster options designed to balance Ms. Kaur’s needs with operational demands. Ms. Kaur declined all of them.
What Did the Commission Decide?
The Commission dismissed Ms. Kaur’s application. The Commission also found that the employer had made genuine efforts to accommodate Ms. Kaur’s request, but the employer’s reasons fell squarely within the “reasonable business grounds” allowed under the Fair Work Act 2009 (Cth).
The Commission also accepted that, while flexible work arrangements are important, an employer is not required to agree to a request that would significantly disrupt operations or compliance, especially where genuine alternatives were offered.
Key Takeaways
Flexible work requests must be genuinely considered, but they do not have to be approved if there are reasonable business grounds for refusal.
Safety obligations, legal and regulatory compliance, staffing minimums, operational practicality, and workplace fairness are all legitimate reasons an employer can rely on.
Employers strengthen their position when they engage with the request, explain their reasoning clearly, and offer workable alternatives or compromises.
A request that seeks fixed or highly restrictive hours may be difficult to accommodate, particularly in regulated or service-based industries that require coverage across a full operating day.
The Commission will closely examine whether accommodating the request would require significant roster changes, additional staffing, increased costs, or inequitable outcomes for other employees.
You can also read our articles on what constitutes a ‘reasonable business ground’ and why work-life balance alone may not be enough to support a flexible work request.
This article is general in nature and is not legal advice. If you need help dealing with working arrangements with employees, or require assistance with updating your workplace contracts, procedures and policies or another employment law matter, Voice Lawyers can assist you.
We help people navigate the complexities of the Fair Work Act and workplace laws with confident, practical advice. You can contact us at office@voicelawyers.com, or give us a call at 02 9261 1954 or use the link on our website to book a consultation to speak with one of our lawyers.